Bill Text: FL S0870 | 2020 | Regular Session | Comm Sub


Bill Title: Mental Health and Substance Abuse

Spectrum: Bipartisan Bill

Status: (Introduced) 2020-01-31 - Now in Judiciary [S0870 Detail]

Download: Florida-2020-S0870-Comm_Sub.html
       Florida Senate - 2020                              CS for SB 870
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Book
       
       
       
       
       586-02772-20                                           2020870c1
    1                        A bill to be entitled                      
    2         An act relating to mental health and substance abuse;
    3         amending s. 394.455, F.S.; conforming a cross
    4         reference; revising the definition of the term “mental
    5         illness”; defining the terms “neglect or refuse to
    6         care for himself or herself” and “real and present
    7         threat of substantial harm”; amending s. 394.459,
    8         F.S.; requiring that respondents with a serious mental
    9         illness be informed of the essential elements of
   10         recovery and be provided assistance with accessing a
   11         continuum of care regimen; authorizing the Department
   12         of Children and Families to adopt certain rules;
   13         amending s. 394.4598, F.S.; conforming a cross
   14         reference; amending s. 394.4599, F.S.; conforming
   15         provisions to changes made by the act; amending s.
   16         394.461, F.S.; authorizing the state to establish that
   17         a transfer evaluation was performed by providing the
   18         court with a copy of the evaluation before the close
   19         of the state’s case in chief; prohibiting the court
   20         from considering substantive information in the
   21         transfer evaluation unless the evaluator testifies at
   22         the hearing; amending s. 394.4615, F.S.; conforming
   23         provisions to changes made by the act; amending s.
   24         394.462, F.S.; conforming cross-references; amending
   25         s. 394.4625, F.S.; providing requirements relating to
   26         the voluntariness of admissions to a facility for
   27         examination and treatment; providing requirements for
   28         verifying the assent of a minor admitted to a
   29         facility; requiring the appointment of a public
   30         defender to review the voluntariness of a minor’s
   31         admission to a facility; requiring the filing of a
   32         petition for involuntary placement or release of a
   33         minor to his or her parent or legal guardian under
   34         certain circumstances; conforming provisions to
   35         changes made by the act; amending s. 394.463, F.S.;
   36         revising the requirements for when a person may be
   37         taken to a receiving facility for involuntary
   38         examination; requiring a facility to inform the
   39         department of certain persons who have been examined
   40         or committed under certain circumstances; conforming
   41         provisions to changes made by the act; providing
   42         criminal and civil penalties; amending s. 394.4655,
   43         F.S.; revising the requirements for involuntary
   44         outpatient treatment; amending s. 394.467, F.S.;
   45         revising the requirements for when a person may be
   46         ordered for involuntary inpatient placement; revising
   47         requirements for continuances of hearings; revising
   48         the conditions under which a court may waive the
   49         requirement for a patient to be present at an
   50         involuntary inpatient placement hearing; authorizing
   51         the court to permit all witnesses to remotely attend
   52         and testify at the hearing through certain means;
   53         authorizing the state attorney to access certain
   54         persons and records for certain purposes; specifying
   55         such records remain confidential; revising when the
   56         court may appoint a magistrate; revising the amount of
   57         time a court may require a patient to receive
   58         services; providing an exception to the prohibition on
   59         a court ordering certain individuals to be
   60         involuntarily placed in a state treatment facility;
   61         conforming a cross-reference; amending ss. 394.495 and
   62         394.496, F.S.; conforming cross-references; amending
   63         s. 394.499, F.S.; making technical and conforming
   64         changes; amending s. 394.9085, F.S.; conforming cross
   65         references; amending s. 397.305, F.S.; revising the
   66         purposes of ch. 397, F.S.; amending s. 397.311, F.S.;
   67         revising the definition of the terms “impaired” and
   68         “substance abuse impaired”; defining the terms
   69         “involuntary treatment services,” “neglect or refuse
   70         to care for himself or herself,” and “real and present
   71         threat of substantial harm”; amending s. 397.416,
   72         F.S.; conforming a cross-reference; amending s.
   73         397.501, F.S.; requiring that respondents with serious
   74         substance abuse addictions be informed of the
   75         essential elements of recovery and provided assistance
   76         with accessing a continuum of care regimen;
   77         authorizing the department to adopt certain rules;
   78         amending s. 397.675, F.S.; revising the criteria for
   79         involuntary admissions; amending s. 397.6751, F.S.;
   80         revising the responsibilities of a service provider;
   81         amending s. 397.681, F.S.; requiring that the state
   82         attorney represent the state as the real party of
   83         interest in an involuntary proceeding, subject to
   84         legislative appropriation; authorizing the state
   85         attorney to access certain persons and records;
   86         conforming provisions to changes made by the act;
   87         repealing s. 397.6811, F.S., relating to involuntary
   88         assessment and stabilization; repealing s. 397.6814,
   89         F.S., relating to petitions for involuntary assessment
   90         and stabilization; repealing s. 397.6815, F.S.,
   91         relating to involuntary assessment and stabilization
   92         procedures; repealing s. 397.6818, F.S., relating to
   93         court determinations for petitions for involuntary
   94         assessment and stabilization; repealing s. 397.6819,
   95         F.S., relating to the responsibilities of licensed
   96         service providers with regard to involuntary
   97         assessment and stabilization; repealing s. 397.6821,
   98         F.S., relating to extensions of time for completion of
   99         involuntary assessment and stabilization; repealing s.
  100         397.6822, F.S., relating to the disposition of
  101         individuals after involuntary assessments; amending s.
  102         397.693, F.S.; revising the circumstances under which
  103         a person is eligible for court-ordered involuntary
  104         treatment; amending s. 397.695, F.S.; authorizing the
  105         court or clerk of the court to waive or prohibit any
  106         service of process fees for an indigent petitioner;
  107         amending s. 397.6951, F.S.; revising the requirements
  108         for the contents of a petition for involuntary
  109         treatment services; providing that a petitioner may
  110         include a certificate or report of a qualified
  111         professional with the petition; requiring the
  112         certificate or report to contain certain information;
  113         requiring that certain additional information must be
  114         included if an emergency exists; amending s. 397.6955,
  115         F.S.; requiring the clerk of the court to notify the
  116         state attorney’s office upon the receipt of a petition
  117         filed for involuntary treatment services; revising
  118         when a hearing must be held on the petition; providing
  119         requirements for when a petitioner asserts that
  120         emergency circumstances exist or the court determines
  121         that an emergency exists; amending s. 397.6957, F.S.;
  122         expanding the exemption from the requirement that a
  123         respondent be present at a hearing on a petition for
  124         involuntary treatment services; authorizing the court
  125         to order drug tests and permit all witnesses to
  126         remotely attend and testify at the hearing through
  127         certain means; deleting a provision requiring the
  128         court to appoint a guardian advocate under certain
  129         circumstances; prohibiting a respondent from being
  130         involuntarily ordered into treatment unless certain
  131         requirements are met; providing requirements relating
  132         to involuntary assessment and stabilization orders;
  133         providing requirements relating to involuntary
  134         treatment hearings; requiring that the assessment of a
  135         respondent occur before a specified time unless
  136         certain requirements are met; requiring the service
  137         provider to discharge the respondent after a specified
  138         time unless certain requirements are met; requiring a
  139         qualified professional to provide copies of his or her
  140         report to the court and all relevant parties and
  141         counsel; providing requirements for the report;
  142         authorizing certain entities to take specified actions
  143         based upon the involuntary assessment; authorizing a
  144         court to order certain persons to take a respondent
  145         into custody and transport him or her to or from
  146         certain service providers and the court; revising the
  147         petitioner’s burden of proof in the hearing;
  148         authorizing the court to initiate involuntary
  149         proceedings under certain circumstances; requiring
  150         that, if a treatment order is issued, it must include
  151         certain findings; amending s. 397.697, F.S.; requiring
  152         that an individual meet certain requirements to
  153         qualify for involuntary outpatient treatment;
  154         specifying that certain hearings may be set by the
  155         motion of a party or under the court’s own authority;
  156         specifying that a service provider’s authority is
  157         separate and distinct from the court’s jurisdiction;
  158         amending s. 397.6971, F.S.; conforming provisions to
  159         changes made by the act; amending s. 397.6975, F.S.;
  160         authorizing certain entities to file a petition for
  161         renewal of involuntary treatment; revising the
  162         timeframe during which the court is required to
  163         schedule a hearing; conforming provisions to changes
  164         made by the act; amending s. 397.6977, F.S.;
  165         conforming provisions to changes made by the act;
  166         repealing s. 397.6978, F.S., relating to the
  167         appointment of guardian advocates; amending ss.
  168         409.972, 464.012, 744.2007, and 790.065, F.S.;
  169         conforming cross-references; providing an effective
  170         date.
  171          
  172  Be It Enacted by the Legislature of the State of Florida:
  173  
  174         Section 1. Present subsections (31) through (38) and (39)
  175  through (48) of section 394.455, Florida Statutes, are
  176  redesignated as subsections (32) through (39) and (41) through
  177  (50), respectively, subsections (22) and (28) of that section
  178  are amended, and new subsections (31) and (40) are added to that
  179  section, to read:
  180         394.455 Definitions.—As used in this part, the term:
  181         (22) “Involuntary examination” means an examination
  182  performed under s. 394.463, s. 397.6772, s. 397.679, s.
  183  397.6798, or s. 397.6957 s. 397.6811 to determine whether a
  184  person qualifies for involuntary services.
  185         (28) “Mental illness” means an impairment of the mental or
  186  emotional processes that exercise conscious control of one’s
  187  actions or of the ability to perceive or understand reality,
  188  which impairment substantially interferes with the person’s
  189  ability to meet the ordinary demands of living. For the purposes
  190  of this part, the term does not include a developmental
  191  disability as defined in chapter 393, dementia, traumatic brain
  192  injury, intoxication, or conditions manifested only by
  193  antisocial behavior or substance abuse.
  194         (31)“Neglect or refuse to care for himself or herself”
  195  includes, but is not limited to, evidence that a person:
  196         (a)Is unable to satisfy basic needs for nourishment,
  197  clothing, medical care, shelter, or safety in a manner that
  198  creates a substantial probability of imminent death, serious
  199  physical debilitation, or disease; or
  200         (b)Is substantially unable to make an informed treatment
  201  choice and needs care or treatment to prevent deterioration.
  202         (40)“Real and present threat of substantial harm”
  203  includes, but is not limited to, evidence of a substantial
  204  probability that the untreated person will:
  205         (a)Lack, refuse, or not receive services for health and
  206  safety that are actually available in the community; or
  207         (b)Suffer severe mental, emotional, or physical harm that
  208  will result in the loss of his or her ability to function in the
  209  community or the loss of cognitive or volitional control over
  210  thoughts or actions.
  211         Section 2. Subsection (13) is added to section 394.459,
  212  Florida Statutes, to read:
  213         394.459 Rights of patients.—
  214         (13)POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, a
  215  respondent with a serious mental illness must be informed of the
  216  essential elements of recovery and provided assistance with
  217  accessing a continuum of care regimen. The department may adopt
  218  rules specifying the services that may be provided to such
  219  respondents.
  220         Section 3. Subsection (1) of section 394.4598, Florida
  221  Statutes, is amended to read:
  222         394.4598 Guardian advocate.—
  223         (1) The administrator may petition the court for the
  224  appointment of a guardian advocate based upon the opinion of a
  225  psychiatrist that the patient is incompetent to consent to
  226  treatment. If the court finds that a patient is incompetent to
  227  consent to treatment and has not been adjudicated incapacitated
  228  and a guardian with the authority to consent to mental health
  229  treatment appointed, it shall appoint a guardian advocate. The
  230  patient has the right to have an attorney represent him or her
  231  at the hearing. If the person is indigent, the court shall
  232  appoint the office of the public defender to represent him or
  233  her at the hearing. The patient has the right to testify, cross
  234  examine witnesses, and present witnesses. The proceeding shall
  235  be recorded either electronically or stenographically, and
  236  testimony shall be provided under oath. One of the professionals
  237  authorized to give an opinion in support of a petition for
  238  involuntary placement, as described in s. 394.4655 or s.
  239  394.467, must testify. A guardian advocate must meet the
  240  qualifications of a guardian contained in part IV of chapter
  241  744, except that a professional referred to in this part, an
  242  employee of the facility providing direct services to the
  243  patient under this part, a departmental employee, a facility
  244  administrator, or member of the Florida local advocacy council
  245  may shall not be appointed. A person who is appointed as a
  246  guardian advocate must agree to the appointment.
  247         Section 4. Paragraph (d) of subsection (2) of section
  248  394.4599, Florida Statutes, is amended to read:
  249         394.4599 Notice.—
  250         (2) INVOLUNTARY ADMISSION.—
  251         (d) The written notice of the filing of the petition for
  252  involuntary services for an individual being held must contain
  253  the following:
  254         1. Notice that the petition for:
  255         a. Involuntary inpatient treatment pursuant to s. 394.467
  256  has been filed with the circuit court in the county in which the
  257  individual is hospitalized and the address of such court; or
  258         b. Involuntary outpatient services pursuant to s. 394.4655
  259  has been filed with the criminal county court, as defined in s.
  260  394.4655(1), or the circuit court, as applicable, in the county
  261  in which the individual is hospitalized and the address of such
  262  court.
  263         2. Notice that the office of the public defender has been
  264  appointed to represent the individual in the proceeding, if the
  265  individual is not otherwise represented by counsel.
  266         3. The date, time, and place of the hearing and the name of
  267  each examining expert and every other person expected to testify
  268  in support of continued detention.
  269         4. Notice that the individual, the individual’s guardian,
  270  guardian advocate, health care surrogate or proxy, or
  271  representative, or the administrator may apply for a change of
  272  venue for the convenience of the parties or witnesses or because
  273  of the condition of the individual.
  274         5. Notice that the individual is entitled to an independent
  275  expert examination and, if the individual cannot afford such an
  276  examination, that the court will provide for one.
  277         Section 5. Subsection (2) of section 394.461, Florida
  278  Statutes, is amended to read:
  279         394.461 Designation of receiving and treatment facilities
  280  and receiving systems.—The department is authorized to designate
  281  and monitor receiving facilities, treatment facilities, and
  282  receiving systems and may suspend or withdraw such designation
  283  for failure to comply with this part and rules adopted under
  284  this part. Unless designated by the department, facilities are
  285  not permitted to hold or treat involuntary patients under this
  286  part.
  287         (2) TREATMENT FACILITY.—The department may designate any
  288  state-owned, state-operated, or state-supported facility as a
  289  state treatment facility. A civil patient must shall not be
  290  admitted to a state treatment facility without previously
  291  undergoing a transfer evaluation. Before the close of the
  292  state’s case in chief in a court hearing for involuntary
  293  placement in a state treatment facility, the state may establish
  294  that the transfer evaluation was performed and the document
  295  properly executed by providing the court with a copy of the
  296  transfer evaluation. The court may not shall receive and
  297  consider the substantive information documented in the transfer
  298  evaluation unless the evaluator testifies at the hearing. Any
  299  other facility, including a private facility or a federal
  300  facility, may be designated as a treatment facility by the
  301  department, provided that such designation is agreed to by the
  302  appropriate governing body or authority of the facility.
  303         Section 6. Subsection (3) of section 394.4615, Florida
  304  Statutes, is amended to read:
  305         394.4615 Clinical records; confidentiality.—
  306         (3) Information from the clinical record may be released in
  307  the following circumstances:
  308         (a) When a patient has communicated to a service provider a
  309  specific threat to cause serious bodily injury or death to an
  310  identified or a readily available person, if the service
  311  provider reasonably believes, or should reasonably believe
  312  according to the standards of his or her profession, that the
  313  patient has the apparent intent and ability to imminently or
  314  immediately carry out such threat. When such communication has
  315  been made, the administrator may authorize the release of
  316  sufficient information to provide adequate warning to the person
  317  threatened with harm by the patient.
  318         (b) When the administrator of the facility or secretary of
  319  the department deems release to a qualified researcher as
  320  defined in administrative rule, an aftercare treatment provider,
  321  or an employee or agent of the department is necessary for
  322  treatment of the patient, maintenance of adequate records,
  323  compilation of treatment data, aftercare planning, or evaluation
  324  of programs.
  325  
  326  For the purpose of determining whether a person meets the
  327  criteria for involuntary outpatient placement or for preparing
  328  the proposed treatment plan pursuant to s. 394.4655, the
  329  clinical record may be released to the state attorney, the
  330  public defender or the patient’s private legal counsel, the
  331  court, and to the appropriate mental health professionals,
  332  including the service provider identified in s.
  333  394.4655(7)(b)2., in accordance with state and federal law.
  334         Section 7. Section 394.462, Florida Statutes, is amended to
  335  read:
  336         394.462 Transportation.—A transportation plan shall be
  337  developed and implemented by each county in collaboration with
  338  the managing entity in accordance with this section. A county
  339  may enter into a memorandum of understanding with the governing
  340  boards of nearby counties to establish a shared transportation
  341  plan. When multiple counties enter into a memorandum of
  342  understanding for this purpose, the counties shall notify the
  343  managing entity and provide it with a copy of the agreement. The
  344  transportation plan shall describe methods of transport to a
  345  facility within the designated receiving system for individuals
  346  subject to involuntary examination under s. 394.463 or
  347  involuntary admission under s. 397.6772, s. 397.679, s.
  348  397.6798, or s. 397.6957 s. 397.6811, and may identify
  349  responsibility for other transportation to a participating
  350  facility when necessary and agreed to by the facility. The plan
  351  may rely on emergency medical transport services or private
  352  transport companies, as appropriate. The plan shall comply with
  353  the transportation provisions of this section and ss. 397.6772,
  354  397.6795, 397.6822, and 397.697.
  355         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
  356         (a) Each county shall designate a single law enforcement
  357  agency within the county, or portions thereof, to take a person
  358  into custody upon the entry of an ex parte order or the
  359  execution of a certificate for involuntary examination by an
  360  authorized professional and to transport that person to the
  361  appropriate facility within the designated receiving system
  362  pursuant to a transportation plan.
  363         (b)1. The designated law enforcement agency may decline to
  364  transport the person to a receiving facility only if:
  365         a. The jurisdiction designated by the county has contracted
  366  on an annual basis with an emergency medical transport service
  367  or private transport company for transportation of persons to
  368  receiving facilities pursuant to this section at the sole cost
  369  of the county; and
  370         b. The law enforcement agency and the emergency medical
  371  transport service or private transport company agree that the
  372  continued presence of law enforcement personnel is not necessary
  373  for the safety of the person or others.
  374         2. The entity providing transportation may seek
  375  reimbursement for transportation expenses. The party responsible
  376  for payment for such transportation is the person receiving the
  377  transportation. The county shall seek reimbursement from the
  378  following sources in the following order:
  379         a. From a private or public third-party payor, if the
  380  person receiving the transportation has applicable coverage.
  381         b. From the person receiving the transportation.
  382         c. From a financial settlement for medical care, treatment,
  383  hospitalization, or transportation payable or accruing to the
  384  injured party.
  385         (c) A company that transports a patient pursuant to this
  386  subsection is considered an independent contractor and is solely
  387  liable for the safe and dignified transport of the patient. Such
  388  company must be insured and provide no less than $100,000 in
  389  liability insurance with respect to the transport of patients.
  390         (d) Any company that contracts with a governing board of a
  391  county to transport patients shall comply with the applicable
  392  rules of the department to ensure the safety and dignity of
  393  patients.
  394         (e) When a law enforcement officer takes custody of a
  395  person pursuant to this part, the officer may request assistance
  396  from emergency medical personnel if such assistance is needed
  397  for the safety of the officer or the person in custody.
  398         (f) When a member of a mental health overlay program or a
  399  mobile crisis response service is a professional authorized to
  400  initiate an involuntary examination pursuant to s. 394.463 or s.
  401  397.675 and that professional evaluates a person and determines
  402  that transportation to a receiving facility is needed, the
  403  service, at its discretion, may transport the person to the
  404  facility or may call on the law enforcement agency or other
  405  transportation arrangement best suited to the needs of the
  406  patient.
  407         (g) When any law enforcement officer has custody of a
  408  person based on either noncriminal or minor criminal behavior
  409  that meets the statutory guidelines for involuntary examination
  410  pursuant to s. 394.463, the law enforcement officer shall
  411  transport the person to the appropriate facility within the
  412  designated receiving system pursuant to a transportation plan.
  413  Persons who meet the statutory guidelines for involuntary
  414  admission pursuant to s. 397.675 may also be transported by law
  415  enforcement officers to the extent resources are available and
  416  as otherwise provided by law. Such persons shall be transported
  417  to an appropriate facility within the designated receiving
  418  system pursuant to a transportation plan.
  419         (h) When any law enforcement officer has arrested a person
  420  for a felony and it appears that the person meets the statutory
  421  guidelines for involuntary examination or placement under this
  422  part, such person must first be processed in the same manner as
  423  any other criminal suspect. The law enforcement agency shall
  424  thereafter immediately notify the appropriate facility within
  425  the designated receiving system pursuant to a transportation
  426  plan. The receiving facility shall be responsible for promptly
  427  arranging for the examination and treatment of the person. A
  428  receiving facility is not required to admit a person charged
  429  with a crime for whom the facility determines and documents that
  430  it is unable to provide adequate security, but shall provide
  431  examination and treatment to the person where he or she is held.
  432         (i) If the appropriate law enforcement officer believes
  433  that a person has an emergency medical condition as defined in
  434  s. 395.002, the person may be first transported to a hospital
  435  for emergency medical treatment, regardless of whether the
  436  hospital is a designated receiving facility.
  437         (j) The costs of transportation, evaluation,
  438  hospitalization, and treatment incurred under this subsection by
  439  persons who have been arrested for violations of any state law
  440  or county or municipal ordinance may be recovered as provided in
  441  s. 901.35.
  442         (k) The appropriate facility within the designated
  443  receiving system pursuant to a transportation plan must accept
  444  persons brought by law enforcement officers, or an emergency
  445  medical transport service or a private transport company
  446  authorized by the county, for involuntary examination pursuant
  447  to s. 394.463.
  448         (l) The appropriate facility within the designated
  449  receiving system pursuant to a transportation plan must provide
  450  persons brought by law enforcement officers, or an emergency
  451  medical transport service or a private transport company
  452  authorized by the county, pursuant to s. 397.675, a basic
  453  screening or triage sufficient to refer the person to the
  454  appropriate services.
  455         (m) Each law enforcement agency designated pursuant to
  456  paragraph (a) shall establish a policy that reflects a single
  457  set of protocols for the safe and secure transportation and
  458  transfer of custody of the person. Each law enforcement agency
  459  shall provide a copy of the protocols to the managing entity.
  460         (n) When a jurisdiction has entered into a contract with an
  461  emergency medical transport service or a private transport
  462  company for transportation of persons to facilities within the
  463  designated receiving system, such service or company shall be
  464  given preference for transportation of persons from nursing
  465  homes, assisted living facilities, adult day care centers, or
  466  adult family-care homes, unless the behavior of the person being
  467  transported is such that transportation by a law enforcement
  468  officer is necessary.
  469         (o) This section may not be construed to limit emergency
  470  examination and treatment of incapacitated persons provided in
  471  accordance with s. 401.445.
  472         (2) TRANSPORTATION TO A TREATMENT FACILITY.—
  473         (a) If neither the patient nor any person legally obligated
  474  or responsible for the patient is able to pay for the expense of
  475  transporting a voluntary or involuntary patient to a treatment
  476  facility, the transportation plan established by the governing
  477  board of the county or counties must specify how the
  478  hospitalized patient will be transported to, from, and between
  479  facilities in a safe and dignified manner.
  480         (b) A company that transports a patient pursuant to this
  481  subsection is considered an independent contractor and is solely
  482  liable for the safe and dignified transportation of the patient.
  483  Such company must be insured and provide no less than $100,000
  484  in liability insurance with respect to the transport of
  485  patients.
  486         (c) A company that contracts with one or more counties to
  487  transport patients in accordance with this section shall comply
  488  with the applicable rules of the department to ensure the safety
  489  and dignity of patients.
  490         (d) County or municipal law enforcement and correctional
  491  personnel and equipment may not be used to transport patients
  492  adjudicated incapacitated or found by the court to meet the
  493  criteria for involuntary placement pursuant to s. 394.467,
  494  except in small rural counties where there are no cost-efficient
  495  alternatives.
  496         (3) TRANSFER OF CUSTODY.—Custody of a person who is
  497  transported pursuant to this part, along with related
  498  documentation, shall be relinquished to a responsible individual
  499  at the appropriate receiving or treatment facility.
  500         Section 8. Subsection (1) of section 394.4625, Florida
  501  Statutes, is amended to read:
  502         394.4625 Voluntary admissions.—
  503         (1) EXAMINATION AND TREATMENT AUTHORITY TO RECEIVE
  504  PATIENTS.—
  505         (a) In order to be admitted to a facility on a voluntary
  506  basis, a person must show evidence of a mental illness and be
  507  suitable for treatment by the facility.
  508         1.If the person is an adult, he or she must be competent
  509  to provide his or her express and informed consent in writing to
  510  the facility.
  511         2.A minor may only be admitted to a facility on the basis
  512  of the express and informed consent of the minor’s parent or
  513  legal guardian in conjunction with the minor’s assent.
  514         a.The minor’s assent is an affirmative agreement by the
  515  minor to remain at the facility for examination and treatment.
  516  The minor’s failure to object is not assent for purposes of this
  517  subparagraph.
  518         b.The minor’s assent must be verified through a clinical
  519  assessment that is documented in the minor’s clinical record and
  520  conducted within 12 hours after arrival at the facility by a
  521  licensed professional authorized to initiate an involuntary
  522  examination under s. 394.463.
  523         c.In verifying the minor’s assent, the examining
  524  professional must first provide the minor with an explanation as
  525  to why the minor will be examined and treated, what the minor
  526  can expect while in the facility, and when the minor may expect
  527  to be released, using language that is appropriate to the
  528  minor’s age, experience, maturity, and condition. The examining
  529  professional must determine and document that the minor is able
  530  to understand this information.
  531         d.The facility must advise the minor of his or her right
  532  to request and have access to legal counsel.
  533         e.The facility administrator must file with the court a
  534  notice of a minor’s voluntary placement within 1 court working
  535  day after the minor’s admission to the facility.
  536         f.The court shall appoint a public defender who may review
  537  the voluntariness of the minor’s admission to the facility and
  538  further verify his or her assent. The public defender may
  539  interview and represent the minor and shall have access to all
  540  relevant witnesses and records. If the public defender does not
  541  review the voluntariness of the admission, the clinical
  542  assessment of the minor’s assent shall serve as verification of
  543  assent.
  544         g.Unless the minor’s assent is verified pursuant to this
  545  subparagraph, a petition for involuntary placement must be filed
  546  with the court or the minor must be released to his or her
  547  parent or legal guardian within 24 hours after arriving at the
  548  facility A facility may receive for observation, diagnosis, or
  549  treatment any person 18 years of age or older making application
  550  by express and informed consent for admission or any person age
  551  17 or under for whom such application is made by his or her
  552  guardian. If found to show evidence of mental illness, to be
  553  competent to provide express and informed consent, and to be
  554  suitable for treatment, such person 18 years of age or older may
  555  be admitted to the facility. A person age 17 or under may be
  556  admitted only after a hearing to verify the voluntariness of the
  557  consent.
  558         (b) A mental health overlay program or a mobile crisis
  559  response service or a licensed professional who is authorized to
  560  initiate an involuntary examination pursuant to s. 394.463 and
  561  is employed by a community mental health center or clinic must,
  562  pursuant to district procedure approved by the respective
  563  district administrator, conduct an initial assessment of the
  564  ability of the following persons to give express and informed
  565  consent to treatment before such persons may be admitted
  566  voluntarily:
  567         1. A person 60 years of age or older for whom transfer is
  568  being sought from a nursing home, assisted living facility,
  569  adult day care center, or adult family-care home, when such
  570  person has been diagnosed as suffering from dementia.
  571         2. A person 60 years of age or older for whom transfer is
  572  being sought from a nursing home pursuant to s. 400.0255(12).
  573         3. A person for whom all decisions concerning medical
  574  treatment are currently being lawfully made by the health care
  575  surrogate or proxy designated under chapter 765.
  576         (c) When an initial assessment of the ability of a person
  577  to give express and informed consent to treatment is required
  578  under this section, and a mobile crisis response service does
  579  not respond to the request for an assessment within 2 hours
  580  after the request is made or informs the requesting facility
  581  that it will not be able to respond within 2 hours after the
  582  request is made, the requesting facility may arrange for
  583  assessment by any licensed professional authorized to initiate
  584  an involuntary examination pursuant to s. 394.463 who is not
  585  employed by or under contract with, and does not have a
  586  financial interest in, either the facility initiating the
  587  transfer or the receiving facility to which the transfer may be
  588  made.
  589         (d) A facility may not admit as a voluntary patient a
  590  person who has been adjudicated incapacitated, unless the
  591  condition of incapacity has been judicially removed. If a
  592  facility admits as a voluntary patient a person who is later
  593  determined to have been adjudicated incapacitated, and the
  594  condition of incapacity had not been removed by the time of the
  595  admission, the facility must either discharge the patient or
  596  transfer the patient to involuntary status.
  597         (e) The health care surrogate or proxy of a voluntary
  598  patient may not consent to the provision of mental health
  599  treatment for the patient. A voluntary patient who is unwilling
  600  or unable to provide express and informed consent to mental
  601  health treatment must either be discharged or transferred to
  602  involuntary status.
  603         (f) Within 24 hours after admission of a voluntary patient,
  604  the admitting physician shall document in the patient’s clinical
  605  record that the patient is able to give express and informed
  606  consent for admission. If the patient is not able to give
  607  express and informed consent for admission, the facility shall
  608  either discharge the patient or transfer the patient to
  609  involuntary status pursuant to subsection (5).
  610         Section 9. Subsection (1) and paragraphs (a), (g), and (h)
  611  of subsection (2) of section 394.463, Florida Statutes, are
  612  amended, and subsection (5) is added to that section, to read:
  613         394.463 Involuntary examination.—
  614         (1) CRITERIA.—A person may be taken to a receiving facility
  615  for involuntary examination if there is reason to believe that
  616  the person has a mental illness and because of his or her mental
  617  illness:
  618         (a)1. The person has refused voluntary examination after
  619  conscientious explanation and disclosure of the purpose of the
  620  examination; or
  621         2. The person is unable to determine for himself or herself
  622  whether examination is necessary; and
  623         (b)1. Without care or treatment, the person is likely to
  624  suffer from neglect or refuse to care for himself or herself;
  625  such neglect or refusal poses a real and present threat of
  626  substantial harm to his or her well-being; and it is not
  627  apparent that such harm may be avoided through the help of
  628  willing, able, and responsible family members or friends or the
  629  provision of other services; or
  630         2. There is a substantial likelihood that in the near
  631  future and without care or treatment, the person will inflict
  632  serious cause serious bodily harm to self himself or herself or
  633  others in the near future, as evidenced by acts, omissions, or
  634  recent behavior causing, attempting, or threatening such harm,
  635  which includes, but is not limited to, significant property
  636  damage.
  637         (2) INVOLUNTARY EXAMINATION.—
  638         (a) An involuntary examination may be initiated by any one
  639  of the following means:
  640         1. A circuit or county court may enter an ex parte order
  641  stating that a person appears to meet the criteria for
  642  involuntary examination and specifying the findings on which
  643  that conclusion is based. The ex parte order for involuntary
  644  examination must be based on written or oral sworn testimony
  645  that includes specific facts that support the findings. If other
  646  less restrictive means are not available, such as voluntary
  647  appearance for outpatient evaluation, a law enforcement officer,
  648  or other designated agent of the court, shall take the person
  649  into custody and deliver him or her to an appropriate, or the
  650  nearest, facility within the designated receiving system
  651  pursuant to s. 394.462 for involuntary examination. The order of
  652  the court shall be made a part of the patient’s clinical record.
  653  A fee may not be charged for the filing of an order under this
  654  subsection. A facility accepting the patient based on this order
  655  must send a copy of the order to the department within 5 working
  656  days. The order may be submitted electronically through existing
  657  data systems, if available. The order shall be valid only until
  658  the person is delivered to the facility or for the period
  659  specified in the order itself, whichever comes first. If no time
  660  limit is specified in the order, the order shall be valid for 7
  661  days after the date that the order was signed.
  662         2. A law enforcement officer may shall take a person who
  663  appears to meet the criteria for involuntary examination into
  664  custody and deliver the person or have him or her delivered to
  665  an appropriate, or the nearest, facility within the designated
  666  receiving system pursuant to s. 394.462 for examination. The
  667  officer shall execute a written report detailing the
  668  circumstances under which the person was taken into custody,
  669  which must be made a part of the patient’s clinical record. Any
  670  facility accepting the patient based on this report must send a
  671  copy of the report to the department within 5 working days.
  672         3. A physician, clinical psychologist, psychiatric nurse,
  673  mental health counselor, marriage and family therapist, or
  674  clinical social worker may execute a certificate stating that he
  675  or she has examined a person within the preceding 48 hours and
  676  finds that the person appears to meet the criteria for
  677  involuntary examination and stating the observations upon which
  678  that conclusion is based. If other less restrictive means, such
  679  as voluntary appearance for outpatient evaluation, are not
  680  available, a law enforcement officer shall take into custody the
  681  person named in the certificate and deliver him or her to the
  682  appropriate, or nearest, facility within the designated
  683  receiving system pursuant to s. 394.462 for involuntary
  684  examination. The law enforcement officer shall execute a written
  685  report detailing the circumstances under which the person was
  686  taken into custody. The report and certificate shall be made a
  687  part of the patient’s clinical record. Any facility accepting
  688  the patient based on this certificate must send a copy of the
  689  certificate to the department within 5 working days. The
  690  document may be submitted electronically through existing data
  691  systems, if applicable.
  692  
  693  When sending the order, report, or certificate to the
  694  department, a facility shall, at a minimum, provide information
  695  about which action was taken regarding the patient under
  696  paragraph (g), which information shall also be made a part of
  697  the patient’s clinical record.
  698         (g) The examination period must be for up to 72 hours. For
  699  a minor, the examination shall be initiated within 12 hours
  700  after the patient’s arrival at the facility. The facility must
  701  inform the department of any person who has been examined or
  702  committed three or more times under this chapter within a 12
  703  month period. Within the examination period or, if the
  704  examination period ends on a weekend or holiday, no later than
  705  the next working day thereafter, one of the following actions
  706  must be taken, based on the individual needs of the patient:
  707         1. The patient shall be released, unless he or she is
  708  charged with a crime, in which case the patient shall be
  709  returned to the custody of a law enforcement officer;
  710         2. The patient shall be released, subject to subparagraph
  711  1., for voluntary outpatient treatment;
  712         3. The patient, unless he or she is charged with a crime,
  713  shall be asked to give express and informed consent to placement
  714  as a voluntary patient and, if such consent is given, the
  715  patient shall be admitted as a voluntary patient; or
  716         4. A petition for involuntary services shall be filed in
  717  the circuit court if inpatient treatment is deemed necessary or
  718  with a the criminal county court, as described in s. 394.4655
  719  defined in s. 394.4655(1), as applicable. When inpatient
  720  treatment is deemed necessary, the least restrictive treatment
  721  consistent with the optimum improvement of the patient’s
  722  condition shall be made available. The petition When a petition
  723  is to be filed for involuntary outpatient placement, it shall be
  724  filed by one of the petitioners specified in s. 394.4655(4)(a).
  725  A petition for involuntary inpatient placement shall be filed by
  726  the facility administrator.
  727         (h) A person for whom an involuntary examination has been
  728  initiated who is being evaluated or treated at a hospital for an
  729  emergency medical condition specified in s. 395.002 must be
  730  examined by a facility within the examination period specified
  731  in paragraph (g). The examination period begins when the patient
  732  arrives at the hospital and ceases when the attending physician
  733  documents that the patient has an emergency medical condition.
  734  If the patient is examined at a hospital providing emergency
  735  medical services by a professional qualified to perform an
  736  involuntary examination and is found as a result of that
  737  examination not to meet the criteria for involuntary outpatient
  738  services pursuant to s. 394.4655 s. 394.4655(2) or involuntary
  739  inpatient placement pursuant to s. 394.467(1), the patient may
  740  be offered voluntary services or placement, if appropriate, or
  741  released directly from the hospital providing emergency medical
  742  services. The finding by the professional that the patient has
  743  been examined and does not meet the criteria for involuntary
  744  inpatient services or involuntary outpatient placement must be
  745  entered into the patient’s clinical record. This paragraph is
  746  not intended to prevent a hospital providing emergency medical
  747  services from appropriately transferring a patient to another
  748  hospital before stabilization if the requirements of s.
  749  395.1041(3)(c) have been met.
  750         (5)UNLAWFUL ACTIVITIES RELATING TO EXAMINATION AND
  751  TREATMENT; PENALTIES.—
  752         (a)Knowingly furnishing false information for the purpose
  753  of obtaining emergency or other involuntary admission for any
  754  person is a misdemeanor of the first degree, punishable as
  755  provided in s. 775.082 and by a fine not exceeding $5,000.
  756         (b)Causing or otherwise securing, conspiring with or
  757  assisting another to cause or secure, without reason for
  758  believing a person to be impaired, any emergency or other
  759  involuntary procedure for the person is a misdemeanor of the
  760  first degree, punishable as provided in s. 775.082 and by a fine
  761  not exceeding $5,000.
  762         (c)Causing, or conspiring with or assisting another to
  763  cause, the denial to any person of any right accorded pursuant
  764  to this chapter is a misdemeanor of the first degree, punishable
  765  as provided in s. 775.082 by a fine not exceeding $5,000.
  766         Section 10. Section 394.4655, Florida Statutes, is amended
  767  to read:
  768         (Substantial rewording of section. See
  769         s. 394.4655, F.S., for present text.)
  770         394.4655Involuntary outpatient services.—
  771         (1)(a)The court may order a respondent into outpatient
  772  treatment for up to 6 months if, during a hearing under s.
  773  394.467, it is established that the respondent meets involuntary
  774  placement criteria and:
  775         1.Has been jailed or incarcerated, has been involuntarily
  776  admitted to a receiving or treatment facility as defined in s.
  777  394.455, or has received mental health services in a forensic or
  778  correctional facility at least twice during the last 36 months;
  779         2.The outpatient treatment is provided in the county in
  780  which the respondent resides or, if being placed from a state
  781  treatment facility, will reside; and
  782         3.The respondent’s treating physician certifies, within a
  783  reasonable degree of medical probability, that the respondent:
  784         a.Can be appropriately treated on an outpatient basis; and
  785         b.Can follow a prescribed treatment plan.
  786         (b)For the duration of his or her treatment, the
  787  respondent must be supported by a social worker or case manager
  788  of the outpatient provider, or a willing, able, and responsible
  789  individual appointed by the court who must inform the court,
  790  state attorney, and public defender of any failure by the
  791  respondent to comply with his or her outpatient program.
  792         (2)The court shall retain jurisdiction over the case and
  793  parties for the entry of such further orders after a hearing, as
  794  the circumstances may require. Such jurisdiction includes, but
  795  is not limited to, ordering inpatient treatment to stabilize a
  796  respondent who decompensates during his or her up to 6-month
  797  period of court-ordered treatment and meets the commitment
  798  criteria of s. 394.467.
  799         (3)A criminal county court exercising its original
  800  jurisdiction in a misdemeanor case under s. 34.01 may order a
  801  person who meets the commitment criteria into involuntary
  802  outpatient services.
  803         Section 11. Subsections (1) and (5) and paragraphs (a),
  804  (b), and (c) of subsection (6) of section 394.467, Florida
  805  Statutes, are amended to read:
  806         394.467 Involuntary inpatient placement.—
  807         (1) CRITERIA.—A person may be ordered for involuntary
  808  inpatient placement for treatment upon a finding of the court by
  809  clear and convincing evidence that:
  810         (a) He or she has a mental illness and because of his or
  811  her mental illness:
  812         1.a. He or she has refused voluntary inpatient placement
  813  for treatment after sufficient and conscientious explanation and
  814  disclosure of the purpose of inpatient placement for treatment;
  815  or
  816         b. He or she is unable to determine for himself or herself
  817  whether inpatient placement is necessary; and
  818         2.a. He or she is incapable of surviving alone or with the
  819  help of willing, able, and responsible family or friends,
  820  including available alternative services, and, without
  821  treatment, is likely to suffer from neglect or refuse to care
  822  for himself or herself, and such neglect or refusal poses a real
  823  and present threat of substantial harm to his or her well-being;
  824  or
  825         b. There is substantial likelihood that in the near future
  826  and without services he or she will inflict serious bodily harm
  827  to on self or others, as evidenced by acts, omissions, or recent
  828  behavior causing, attempting, or threatening such harm, which
  829  includes, but is not limited to, significant property damage;
  830  and
  831         (b) All available less restrictive treatment alternatives
  832  that would offer an opportunity for improvement of his or her
  833  condition have been judged to be inappropriate.
  834         (5) CONTINUANCE OF HEARING.—The patient and the state are
  835  independently entitled is entitled, with the concurrence of the
  836  patient’s counsel, to at least one continuance of the hearing.
  837  The patient’s continuance may be for a period of for up to 4
  838  weeks and requires the concurrence of his or her counsel. The
  839  state’s continuance may be for a period of up to 5 court working
  840  days and requires a showing of good cause and due diligence by
  841  the state before requesting the continuance. The state’s failure
  842  to timely review any readily available document or failure to
  843  attempt to contact a known witness does not warrant a
  844  continuance.
  845         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
  846         (a)1. The court shall hold the hearing on involuntary
  847  inpatient placement within 5 court working days, unless a
  848  continuance is granted.
  849         2. Except for good cause documented in the court file, the
  850  hearing must be held in the county or the facility, as
  851  appropriate, where the patient is located, must be as convenient
  852  to the patient as is consistent with orderly procedure, and
  853  shall be conducted in physical settings not likely to be
  854  injurious to the patient’s condition. If the court finds that
  855  the patient’s attendance at the hearing is not consistent with
  856  the best interests of, or is likely to be injurious to, the
  857  patient, or the patient knowingly, intelligently, and
  858  voluntarily waives his or her right to be present, and the
  859  patient’s counsel does not object, the court may waive the
  860  presence of the patient from all or any portion of the hearing.
  861  Absent a showing of good cause, such as specific symptoms of the
  862  respondent’s condition, the court may permit all witnesses,
  863  including, but not limited to, any medical professionals or
  864  personnel who are or have been involved with the patient’s
  865  treatment, to remotely attend and testify at the hearing under
  866  oath via the most appropriate and convenient technological
  867  method of communication available to the court, including, but
  868  not limited to, teleconference. Any witness intending to
  869  remotely attend and testify at the hearing must provide the
  870  parties with all relevant documents in advance of the hearing.
  871  The state attorney for the circuit in which the patient is
  872  located shall represent the state, rather than the petitioning
  873  facility administrator, as the real party in interest in the
  874  proceeding. In order to evaluate and prepare its case before the
  875  hearing, the state attorney may access, by subpoena if
  876  necessary, the patient, witnesses, and all relevant records.
  877  Such records include, but are not limited to, any social media,
  878  school records, clinical files, and reports documenting contact
  879  the patient may have had with law enforcement officers or other
  880  state agencies. However, these records shall remain
  881  confidential, and the state attorney may not use any records
  882  obtained under this part for criminal investigation or
  883  prosecution purposes, or for any purpose other than the
  884  patient’s civil commitment under this chapter.
  885         3. The court may appoint a magistrate to preside at the
  886  hearing on the petition and any ancillary proceedings thereto,
  887  which include, but are not limited to, writs of habeas corpus
  888  issued pursuant to s. 394.459(8). One of the professionals who
  889  executed the petition for involuntary inpatient placement
  890  certificate shall be a witness. The patient and the patient’s
  891  guardian or representative shall be informed by the court of the
  892  right to an independent expert examination. If the patient
  893  cannot afford such an examination, the court shall ensure that
  894  one is provided, as otherwise provided for by law. The
  895  independent expert’s report is confidential and not
  896  discoverable, unless the expert is to be called as a witness for
  897  the patient at the hearing. The testimony in the hearing must be
  898  given under oath, and the proceedings must be recorded. The
  899  patient may refuse to testify at the hearing.
  900         (b) If the court concludes that the patient meets the
  901  criteria for involuntary inpatient placement, it may order that
  902  the patient be transferred to a treatment facility or, if the
  903  patient is at a treatment facility, that the patient be retained
  904  there or be treated at any other appropriate facility, or that
  905  the patient receive services, on an involuntary basis, for up to
  906  90 days. However, any order for involuntary mental health
  907  services in a treatment facility may be for up to 6 months. The
  908  order shall specify the nature and extent of the patient’s
  909  mental illness and, unless the patient has transferred to a
  910  voluntary status, the facility must discharge the patient at any
  911  time he or she no longer meets the criteria for involuntary
  912  inpatient treatment. The court may not order an individual with
  913  a developmental disability as defined in s. 393.063, traumatic
  914  brain injury, or dementia who lacks a co-occurring mental
  915  illness to be involuntarily placed in a state treatment
  916  facility. Such individuals must be referred to the Agency for
  917  Persons with Disabilities or the Department of Elderly Affairs
  918  for further evaluation and the provision of appropriate services
  919  for their individual needs. In addition, if it reasonably
  920  appears that the individual would be found incapacitated under
  921  chapter 744 and the individual does not already have a legal
  922  guardian, the facility must inform any known next of kin and
  923  initiate guardianship proceedings. The facility may hold the
  924  individual until the petition to appoint a guardian is heard by
  925  the court and placement is secured. The facility shall discharge
  926  a patient any time the patient no longer meets the criteria for
  927  involuntary inpatient placement, unless the patient has
  928  transferred to voluntary status.
  929         (c) If at any time before the conclusion of the involuntary
  930  placement hearing on involuntary inpatient placement it appears
  931  to the court that the person does not meet the criteria of for
  932  involuntary inpatient placement under this section, but instead
  933  meets the criteria for involuntary outpatient services, the
  934  court may order the person evaluated for involuntary outpatient
  935  services pursuant to s. 394.4655. The petition and hearing
  936  procedures set forth in s. 394.4655 shall apply. If the person
  937  instead meets the criteria for involuntary assessment,
  938  protective custody, or involuntary admission or treatment
  939  pursuant to s. 397.675, then the court may order the person to
  940  be admitted for involuntary assessment for a period of 5 days
  941  pursuant to s. 397.6957 s. 397.6811. Thereafter, all proceedings
  942  are governed by chapter 397.
  943         Section 12. Subsection (3) of section 394.495, Florida
  944  Statutes, is amended to read:
  945         394.495 Child and adolescent mental health system of care;
  946  programs and services.—
  947         (3) Assessments must be performed by:
  948         (a) A clinical psychologist, clinical social worker,
  949  physician, psychiatric nurse, or psychiatrist as those terms are
  950  defined in s. 394.455 professional as defined in s. 394.455(5),
  951  (7), (32), (35), or (36);
  952         (b) A professional licensed under chapter 491; or
  953         (c) A person who is under the direct supervision of a
  954  clinical psychologist, clinical social worker, physician,
  955  psychiatric nurse, or psychiatrist as those terms are defined in
  956  s. 394.455 qualified professional as defined in s. 394.455(5),
  957  (7), (32), (35), or (36) or a professional licensed under
  958  chapter 491.
  959         Section 13. Subsection (5) of section 394.496, Florida
  960  Statutes, is amended to read:
  961         394.496 Service planning.—
  962         (5) A clinical psychologist, clinical social worker,
  963  physician, psychiatric nurse, or psychiatrist as those terms are
  964  defined in s. 394.455 professional as defined in s. 394.455(5),
  965  (7), (32), (35), or (36) or a professional licensed under
  966  chapter 491 must be included among those persons developing the
  967  services plan.
  968         Section 14. Paragraph (a) of subsection (2) of section
  969  394.499, Florida Statutes, is amended to read:
  970         394.499 Integrated children’s crisis stabilization
  971  unit/juvenile addictions receiving facility services.—
  972         (2) Children eligible to receive integrated children’s
  973  crisis stabilization unit/juvenile addictions receiving facility
  974  services include:
  975         (a) A person under 18 years of age for whom voluntary
  976  application is made by his or her parent or legal guardian, if
  977  such person is found to show evidence of mental illness and to
  978  be suitable for treatment pursuant to s. 394.4625. A person
  979  under 18 years of age may be admitted for integrated facility
  980  services only after a hearing to verify that the consent to
  981  admission is voluntary is conducted pursuant to s. 394.4625.
  982         Section 15. Subsection (6) of section 394.9085, Florida
  983  Statutes, is amended to read:
  984         394.9085 Behavioral provider liability.—
  985         (6) For purposes of this section, the terms “detoxification
  986  services,” “addictions receiving facility,” and “receiving
  987  facility” have the same meanings as those provided in ss.
  988  397.311(26)(a)4., 397.311(26)(a)1., and 394.455 394.455(39),
  989  respectively.
  990         Section 16. Subsection (3) of section 397.305, Florida
  991  Statutes, is amended to read:
  992         397.305 Legislative findings, intent, and purpose.—
  993         (3) It is the purpose of this chapter to provide for a
  994  comprehensive continuum of accessible and quality substance
  995  abuse prevention, intervention, clinical treatment, and recovery
  996  support services in the most appropriate and least restrictive
  997  environment which promotes long-term recovery while protecting
  998  and respecting the rights of individuals, primarily through
  999  community-based private not-for-profit providers working with
 1000  local governmental programs involving a wide range of agencies
 1001  from both the public and private sectors.
 1002         Section 17. Present subsections (29) through (36) and (37)
 1003  through (50) of section 397.311, Florida Statutes, are
 1004  redesignated as subsections (30) through (37) and (39) through
 1005  (52), respectively, new subsections (29) and (38) are added to
 1006  that section, and subsections (19) and (23) are amended, to
 1007  read:
 1008         397.311 Definitions.—As used in this chapter, except part
 1009  VIII, the term:
 1010         (19) “Impaired” or “substance abuse impaired” means having
 1011  a substance use disorder or a condition involving the use of
 1012  alcoholic beverages, illicit or prescription drugs, or any
 1013  psychoactive or mood-altering substance in such a manner as to
 1014  induce mental, emotional, or physical problems or and cause
 1015  socially dysfunctional behavior.
 1016         (23) “Involuntary treatment services” means an array of
 1017  behavioral health services that may be ordered by the court for
 1018  persons with substance abuse impairment or co-occurring
 1019  substance abuse impairment and mental health disorders.
 1020         (29)“Neglect or refuse to care for himself or herself”
 1021  includes, but is not limited to, evidence that a person:
 1022         (a)Is unable to satisfy basic needs for nourishment,
 1023  clothing, medical care, shelter, or safety in a manner that
 1024  creates a substantial probability of imminent death, serious
 1025  physical debilitation, or disease; or
 1026         (b)Is substantially unable to make an informed treatment
 1027  choice and needs care or treatment to prevent deterioration.
 1028         (38)“Real and present threat of substantial harm”
 1029  includes, but is not limited to, evidence of a substantial
 1030  probability that the untreated person will:
 1031         (a)Lack, refuse, or not receive services for health and
 1032  safety that are actually available in the community; or
 1033         (b)Suffer severe mental, emotional, or physical harm that
 1034  will result in the loss of ability to function in the community
 1035  or the loss of cognitive or volitional control over thoughts or
 1036  actions.
 1037         Section 18. Section 397.416, Florida Statutes, is amended
 1038  to read:
 1039         397.416 Substance abuse treatment services; qualified
 1040  professional.—Notwithstanding any other provision of law, a
 1041  person who was certified through a certification process
 1042  recognized by the former Department of Health and Rehabilitative
 1043  Services before January 1, 1995, may perform the duties of a
 1044  qualified professional with respect to substance abuse treatment
 1045  services as defined in this chapter, and need not meet the
 1046  certification requirements contained in s. 397.311(36) s.
 1047  397.311(35).
 1048         Section 19. Subsection (11) is added to section 397.501,
 1049  Florida Statutes, to read:
 1050         397.501 Rights of individuals.—Individuals receiving
 1051  substance abuse services from any service provider are
 1052  guaranteed protection of the rights specified in this section,
 1053  unless otherwise expressly provided, and service providers must
 1054  ensure the protection of such rights.
 1055         (11)POST-DISCHARGE CONTINUUM OF CARE.—Upon discharge, a
 1056  respondent with a serious substance abuse addiction must be
 1057  informed of the essential elements of recovery and provided
 1058  assistance with accessing a continuum of care regimen. The
 1059  department may adopt rules specifying the services that may be
 1060  provided to such respondents.
 1061         Section 20. Section 397.675, Florida Statutes, is amended
 1062  to read:
 1063         397.675 Criteria for involuntary admissions, including
 1064  protective custody, emergency admission, and other involuntary
 1065  assessment, involuntary treatment, and alternative involuntary
 1066  assessment for minors, for purposes of assessment and
 1067  stabilization, and for involuntary treatment.—A person meets the
 1068  criteria for involuntary admission if there is good faith reason
 1069  to believe that the person is substance abuse impaired, has a
 1070  substance use disorder, or has a substance use disorder and a
 1071  co-occurring mental health disorder and, because of such
 1072  impairment or disorder:
 1073         (1) Has lost the power of self-control with respect to
 1074  substance abuse, or has a history of noncompliance with
 1075  substance abuse treatment with continued substance use; and
 1076         (2)(a) Is in need of substance abuse services and, by
 1077  reason of substance abuse impairment, his or her judgment has
 1078  been so impaired that he or she is refusing voluntary care after
 1079  a sufficient and conscientious explanation and disclosure of the
 1080  purpose for such services, or is incapable of appreciating his
 1081  or her need for such services and of making a rational decision
 1082  in that regard, although mere refusal to receive such services
 1083  does not constitute evidence of lack of judgment with respect to
 1084  his or her need for such services; and or
 1085         (3)(a)(b) Without care or treatment, is likely to suffer
 1086  from neglect or refuse to care for himself or herself; that such
 1087  neglect or refusal poses a real and present threat of
 1088  substantial harm to his or her well-being; and that it is not
 1089  apparent that such harm may be avoided through the help of
 1090  willing, able, and responsible family members or friends or the
 1091  provision of other services;, or
 1092         (b) There is substantial likelihood that in the near future
 1093  and without services, the person will inflict serious harm to
 1094  self or others, as evidenced by acts, omissions, or behavior
 1095  causing, attempting, or threatening such harm, which includes,
 1096  but is not limited to, significant property damage has
 1097  inflicted, or threatened to or attempted to inflict, or, unless
 1098  admitted, is likely to inflict, physical harm on himself,
 1099  herself, or another.
 1100         Section 21. Subsection (1) of section 397.6751, Florida
 1101  Statutes, is amended to read:
 1102         397.6751 Service provider responsibilities regarding
 1103  involuntary admissions.—
 1104         (1) It is the responsibility of the service provider to:
 1105         (a) Ensure that a person who is admitted to a licensed
 1106  service component meets the admission criteria specified in s.
 1107  397.675;
 1108         (b) Ascertain whether the medical and behavioral conditions
 1109  of the person, as presented, are beyond the safe management
 1110  capabilities of the service provider;
 1111         (c) Provide for the admission of the person to the service
 1112  component that represents the most appropriate and least
 1113  restrictive available setting that is responsive to the person’s
 1114  treatment needs;
 1115         (d) Verify that the admission of the person to the service
 1116  component does not result in a census in excess of its licensed
 1117  service capacity;
 1118         (e) Determine whether the cost of services is within the
 1119  financial means of the person or those who are financially
 1120  responsible for the person’s care; and
 1121         (f) Take all necessary measures to ensure that each
 1122  individual in treatment is provided with a safe environment, and
 1123  to ensure that each individual whose medical condition or
 1124  behavioral problem becomes such that he or she cannot be safely
 1125  managed by the service component is discharged and referred to a
 1126  more appropriate setting for care.
 1127         Section 22. Section 397.681, Florida Statutes, is amended
 1128  to read:
 1129         397.681 Involuntary petitions; general provisions; court
 1130  jurisdiction and right to counsel.—
 1131         (1) JURISDICTION.—The courts have jurisdiction of
 1132  involuntary assessment and stabilization petitions and
 1133  involuntary treatment petitions for substance abuse impaired
 1134  persons, and such petitions must be filed with the clerk of the
 1135  court in the county where the person is located. The clerk of
 1136  the court may not charge a fee for the filing of a petition
 1137  under this section. The chief judge may appoint a general or
 1138  special magistrate to preside over all or part of the
 1139  proceedings. The alleged impaired person is named as the
 1140  respondent.
 1141         (2) RIGHT TO COUNSEL.—A respondent has the right to counsel
 1142  at every stage of a proceeding relating to a petition for his or
 1143  her involuntary assessment and a petition for his or her
 1144  involuntary treatment for substance abuse impairment. A
 1145  respondent who desires counsel and is unable to afford private
 1146  counsel has the right to court-appointed counsel and to the
 1147  benefits of s. 57.081. If the court believes that the respondent
 1148  needs the assistance of counsel, the court shall appoint such
 1149  counsel for the respondent without regard to the respondent’s
 1150  wishes. If the respondent is a minor not otherwise represented
 1151  in the proceeding, the court shall immediately appoint a
 1152  guardian ad litem to act on the minor’s behalf.
 1153         (3)STATE REPRESENTATIVE.—Subject to legislative
 1154  appropriation, for all court-involved involuntary proceedings
 1155  under this chapter in which the petitioner has not retained
 1156  private counsel, the state attorney for the circuit in which the
 1157  respondent is located shall represent the state rather than the
 1158  petitioner as the real party of interest in the proceeding, but
 1159  the state attorney must be respectful of the petitioner’s
 1160  interests and concerns. In order to evaluate and prepare its
 1161  case before the hearing, the state attorney may access, by
 1162  subpoena if necessary, the respondent, the witnesses, and all
 1163  relevant records. Such records include, but are not limited to,
 1164  any social media, school records, clinical files, and reports
 1165  documenting contact the respondent may have had with law
 1166  enforcement officers or other state agencies. However, these
 1167  records shall remain confidential, and the petitioner may not
 1168  access any records obtained by the state attorney unless such
 1169  records are entered into the court file. In addition, the state
 1170  attorney may not use any records obtained under this part for
 1171  criminal investigation or prosecution purposes, or for any
 1172  purpose other than the respondent’s civil commitment under this
 1173  chapter.
 1174         Section 23. Section 397.6811, Florida Statutes, is
 1175  repealed.
 1176         Section 24. Section 397.6814, Florida Statutes, is
 1177  repealed.
 1178         Section 25. Section 397.6815, Florida Statutes, is
 1179  repealed.
 1180         Section 26. Section 397.6818, Florida Statutes, is
 1181  repealed.
 1182         Section 27. Section 397.6819, Florida Statutes, is
 1183  repealed.
 1184         Section 28. Section 397.6821, Florida Statutes, is
 1185  repealed.
 1186         Section 29. Section 397.6822, Florida Statutes, is
 1187  repealed.
 1188         Section 30. Section 397.693, Florida Statutes, is amended
 1189  to read:
 1190         397.693 Involuntary treatment.—A person may be the subject
 1191  of a petition for court-ordered involuntary treatment pursuant
 1192  to this part, if that person:
 1193         (1)Reasonably appears to meet meets the criteria for
 1194  involuntary admission provided in s. 397.675; and:
 1195         (2)(1) Has been placed under protective custody pursuant to
 1196  s. 397.677 within the previous 10 days;
 1197         (3)(2) Has been subject to an emergency admission pursuant
 1198  to s. 397.679 within the previous 10 days; or
 1199         (4)(3) Has been assessed by a qualified professional within
 1200  30 5 days;
 1201         (4)Has been subject to involuntary assessment and
 1202  stabilization pursuant to s. 397.6818 within the previous 12
 1203  days; or
 1204         (5)Has been subject to alternative involuntary admission
 1205  pursuant to s. 397.6822 within the previous 12 days.
 1206         Section 31. Section 397.695, Florida Statutes, is amended
 1207  to read:
 1208         397.695 Involuntary treatment services; persons who may
 1209  petition.—
 1210         (1) If the respondent is an adult, a petition for
 1211  involuntary treatment services may be filed by the respondent’s
 1212  spouse or legal guardian, any relative, a service provider, or
 1213  an adult who has direct personal knowledge of the respondent’s
 1214  substance abuse impairment and his or her prior course of
 1215  assessment and treatment.
 1216         (2) If the respondent is a minor, a petition for
 1217  involuntary treatment may be filed by a parent, legal guardian,
 1218  or service provider.
 1219         (3)The court or the clerk of the court may waive or
 1220  prohibit any service of process fees if a petitioner is
 1221  determined to be indigent under s. 57.082.
 1222         Section 32. Section 397.6951, Florida Statutes, is amended
 1223  to read:
 1224         397.6951 Contents of petition for involuntary treatment
 1225  services.—
 1226         (1) A petition for involuntary treatment services must
 1227  contain the name of the respondent; the name of the petitioner
 1228  or petitioners; the relationship between the respondent and the
 1229  petitioner; the name of the respondent’s attorney, if known; the
 1230  findings and recommendations of the assessment performed by the
 1231  qualified professional; and the factual allegations presented by
 1232  the petitioner establishing the need for involuntary outpatient
 1233  services for substance abuse impairment. The factual allegations
 1234  must demonstrate the reason for the petitioner’s belief that the
 1235  respondent:
 1236         (1)The reason for the petitioner’s belief that the
 1237  respondent is substance abuse impaired;
 1238         (a)(2)The reason for the petitioner’s belief that because
 1239  of such impairment the respondent Has lost the power of self
 1240  control with respect to substance abuse, or has a history of
 1241  noncompliance with substance abuse treatment with continued
 1242  substance use; and
 1243         (b)Needs substance abuse services, but his or her judgment
 1244  is so impaired by substance abuse that he or she either is
 1245  refusing voluntary care after a sufficient and conscientious
 1246  explanation and disclosure of the purpose of such services, or
 1247  is incapable of appreciating his or her need for such services
 1248  and of making a rational decision in that regard; and
 1249         (c)1.Without services, is likely to suffer from neglect or
 1250  refuse to care for himself or herself; that the neglect or
 1251  refusal poses a real and present threat of substantial harm to
 1252  his or her well-being; and that it is not apparent that the harm
 1253  may be avoided through the help of willing, able, and
 1254  responsible family members or friends or the provision of other
 1255  services; or
 1256         2.There is a substantial likelihood that in the near
 1257  future and without services, the respondent will inflict serious
 1258  harm to self or others, as evidenced by acts, omissions, or
 1259  behavior causing, attempting, or threatening such harm, which
 1260  includes, but is not limited to, significant property damage
 1261         (3)(a)The reason the petitioner believes that the
 1262  respondent has inflicted or is likely to inflict physical harm
 1263  on himself or herself or others unless the court orders the
 1264  involuntary services; or
 1265         (b)The reason the petitioner believes that the
 1266  respondent’s refusal to voluntarily receive care is based on
 1267  judgment so impaired by reason of substance abuse that the
 1268  respondent is incapable of appreciating his or her need for care
 1269  and of making a rational decision regarding that need for care.
 1270         (2)The petition may be accompanied by a certificate or
 1271  report of a qualified professional or a licensed physician who
 1272  has examined the respondent within 30 days before the petition’s
 1273  submission. This certificate or report must include the
 1274  qualified professional or physician’s findings relating to his
 1275  or her assessment of the patient and his or her treatment
 1276  recommendations. If the respondent was not assessed before the
 1277  filing of a treatment petition or refused to submit to an
 1278  evaluation, the lack of assessment or refusal must be noted in
 1279  the petition.
 1280         (3)If there is an emergency, the petition must also
 1281  describe the respondent’s exigent circumstances and include a
 1282  request for an ex parte assessment and stabilization order that
 1283  must be executed pursuant to s. 397.6955(4).
 1284         Section 33. Section 397.6955, Florida Statutes, is amended
 1285  to read:
 1286         397.6955 Duties of court upon filing of petition for
 1287  involuntary treatment services.—
 1288         (1) Upon the filing of a petition for involuntary treatment
 1289  services for a substance abuse impaired person with the clerk of
 1290  the court that does not indicate the petitioner has retained
 1291  private counsel, the clerk must notify the state attorney’s
 1292  office. In addition, the court shall immediately determine
 1293  whether the respondent is represented by an attorney or whether
 1294  the appointment of counsel for the respondent is appropriate.
 1295  If, based on the contents of the petition, the court appoints
 1296  counsel for the person, the clerk of the court shall immediately
 1297  notify the office of criminal conflict and civil regional
 1298  counsel, created pursuant to s. 27.511, of the appointment. The
 1299  office of criminal conflict and civil regional counsel shall
 1300  represent the person until the petition is dismissed, the court
 1301  order expires, or the person is discharged from involuntary
 1302  treatment services. An attorney that represents the person named
 1303  in the petition shall have access to the person, witnesses, and
 1304  records relevant to the presentation of the person’s case and
 1305  shall represent the interests of the person, regardless of the
 1306  source of payment to the attorney.
 1307         (2) The court shall schedule a hearing to be held on the
 1308  petition within 10 court working 5 days unless a continuance is
 1309  granted. The court may appoint a magistrate to preside at the
 1310  hearing.
 1311         (3) A copy of the petition and notice of the hearing must
 1312  be provided to the respondent; the respondent’s parent,
 1313  guardian, or legal custodian, in the case of a minor; the
 1314  respondent’s attorney, if known; the petitioner; the
 1315  respondent’s spouse or guardian, if applicable; and such other
 1316  persons as the court may direct. If the respondent is a minor, a
 1317  copy of the petition and notice of the hearing must be
 1318  personally delivered to the respondent. The court shall also
 1319  issue a summons to the person whose admission is sought.
 1320         (4)(a)When the petitioner asserts that emergency
 1321  circumstances exist, or when upon review of the petition the
 1322  court determines that an emergency exists, the court may rely
 1323  solely on the contents of the petition and, without the
 1324  appointment of an attorney, enter an ex parte order for the
 1325  respondent’s involuntary assessment and stabilization which must
 1326  be executed during the period that the hearing on the petition
 1327  for treatment is pending. The court may further order a law
 1328  enforcement officer or other designated agent of the court to:
 1329         1.Take the respondent into custody and deliver him or her
 1330  to the nearest appropriate licensed service provider to be
 1331  evaluated; and
 1332         2.Serve the respondent with the notice of hearing and a
 1333  copy of the petition.
 1334         (b)The service provider must promptly inform the court and
 1335  parties of the respondent’s arrival and may not hold the
 1336  respondent for longer than 72 hours of observation thereafter,
 1337  unless:
 1338         1.The service provider seeks additional time under s.
 1339  397.6957(1)(c) and the court, after a hearing, grants that
 1340  motion;
 1341         2.The respondent shows signs of withdrawal, or a need to
 1342  be either detoxified or treated for a medical condition, which
 1343  shall extend the amount of time the respondent may be held for
 1344  observation until the issue is resolved; or
 1345         3.The original or extended observation period ends on a
 1346  weekend or holiday, in which case the provider may hold the
 1347  respondent until the next court working day.
 1348         (c)If the ex parte order was not executed by the initial
 1349  hearing date, it shall be deemed void. However, should the
 1350  respondent not appear at the hearing for any reason, including
 1351  lack of service, and upon reviewing the petition, testimony, and
 1352  evidence presented, the court reasonably believes the respondent
 1353  meets this chapter’s commitment criteria and that a substance
 1354  abuse emergency exists, the court may issue or reissue an ex
 1355  parte assessment and stabilization order that is valid for 90
 1356  days. If the respondent’s location is known at the time of the
 1357  hearing, the court:
 1358         1.Shall continue the case for no more than 10 court
 1359  working days; and
 1360         2.May order a law enforcement officer or other designated
 1361  agent of the court to:
 1362         a.Take the respondent into custody and deliver him or her
 1363  to the nearest appropriate licensed service provider to be
 1364  evaluated; and
 1365         b.If a hearing date is set, serve the respondent with
 1366  notice of the rescheduled hearing and a copy of the involuntary
 1367  treatment petition if the respondent has not already been
 1368  served.
 1369  
 1370  Otherwise, the petitioner and the service provider must promptly
 1371  inform the court that the respondent has been assessed so that
 1372  the court may schedule a hearing. The service provider must
 1373  serve the respondent, before his or her discharge, with the
 1374  notice of hearing and a copy of the petition. However, if the
 1375  respondent has not been assessed after 90 days, the court must
 1376  dismiss the case.
 1377         Section 34. Section 397.6957, Florida Statutes, is amended
 1378  to read:
 1379         397.6957 Hearing on petition for involuntary treatment
 1380  services.—
 1381         (1)(a)The respondent must be present at a hearing on a
 1382  petition for involuntary treatment services unless he or she
 1383  knowingly, intelligently, and voluntarily waives his or her
 1384  right to be present or, upon receiving proof of service and
 1385  evaluating the circumstances of the case, the court finds that
 1386  his or her presence is inconsistent with his or her best
 1387  interests or is likely to be injurious to himself or herself or
 1388  others., The court shall hear and review all relevant evidence,
 1389  including testimony from individuals such as family members
 1390  familiar with the respondent’s prior history and how it relates
 1391  to his or her current condition, and the review of results of
 1392  the assessment completed by the qualified professional in
 1393  connection with this chapter. The court may also order drug
 1394  tests. Absent a showing of good cause, such as specific symptoms
 1395  of the respondent’s condition, the court may permit all
 1396  witnesses, such as any medical professionals or personnel who
 1397  are or have been involved with the respondent’s treatment, to
 1398  remotely attend and testify at the hearing under oath via the
 1399  most appropriate and convenient technological method of
 1400  communication available to the court, including, but not limited
 1401  to, teleconference. Any witness intending to remotely attend and
 1402  testify at the hearing must provide the parties with all
 1403  relevant documents in advance of the hearing the respondent’s
 1404  protective custody, emergency admission, involuntary assessment,
 1405  or alternative involuntary admission. The respondent must be
 1406  present unless the court finds that his or her presence is
 1407  likely to be injurious to himself or herself or others, in which
 1408  event the court must appoint a guardian advocate to act in
 1409  behalf of the respondent throughout the proceedings.
 1410         (b)A respondent cannot be involuntarily ordered into
 1411  treatment under this chapter without a clinical assessment being
 1412  performed unless he or she is present in court and expressly
 1413  waives the assessment. In nonemergency situations, if the
 1414  respondent was not, or had previously refused to be, assessed by
 1415  a qualified professional and, based on the petition, testimony,
 1416  and evidence presented, it reasonably appears that the
 1417  respondent qualifies for involuntary treatment services, the
 1418  court shall issue an involuntary assessment and stabilization
 1419  order to determine the appropriate level of treatment the
 1420  respondent requires. Additionally, in cases where an assessment
 1421  was attached to the petition, the respondent may request, or the
 1422  court on its own motion may order, an independent assessment by
 1423  a court-appointed physician or an otherwise agreed-upon
 1424  physician. If an assessment order is issued, it is valid for 90
 1425  days, and if the respondent is present or there is either proof
 1426  of service or his or her location is known, the involuntary
 1427  treatment hearing shall be continued for no more than 10 court
 1428  working days. Otherwise, the petitioner and the service provider
 1429  must promptly inform the court that the respondent has been
 1430  assessed so that the court may schedule a hearing. The service
 1431  provider shall then serve the respondent, before his or her
 1432  discharge, with the notice of hearing and a copy of the
 1433  petition. The assessment must occur before the new hearing date,
 1434  and if there is evidence indicating that the respondent will not
 1435  voluntarily appear at the forthcoming hearing, or is a danger to
 1436  self or others, the court may enter a preliminary order
 1437  committing the respondent to an appropriate treatment facility
 1438  for further evaluation until the date of the rescheduled
 1439  hearing. However, if after 90 days the respondent remains
 1440  unassessed, the court shall dismiss the case.
 1441         (c)1.The respondent’s assessment by a qualified
 1442  professional must occur within 72 hours after his or her arrival
 1443  at a licensed service provider unless he or she shows signs of
 1444  withdrawal or a need to be either detoxified or treated for a
 1445  medical condition, which shall extend the amount of time the
 1446  respondent may be held for observation until that issue is
 1447  resolved. If the person conducting the assessment is not a
 1448  licensed physician, the assessment must be reviewed by a
 1449  licensed physician within the 72-hour period. If the respondent
 1450  is a minor, such assessment must be initiated within the first
 1451  12 hours after the minor’s admission to the facility. The
 1452  service provider may also move to extend the 72 hours of
 1453  observation by petitioning the court in writing for additional
 1454  time. The service provider must furnish copies of such motion to
 1455  all parties in accordance with applicable confidentiality
 1456  requirements and, after a hearing, the court may grant
 1457  additional time or expedite the respondent’s involuntary
 1458  treatment hearing. The involuntary treatment hearing, however,
 1459  may only be expedited by agreement of the parties on the hearing
 1460  date, or if there is notice and proof of service as provided in
 1461  s. 397.6955 (1) and (3). If the court grants the service
 1462  provider’s petition, the service provider may hold the
 1463  respondent until its extended assessment period expires or until
 1464  the expedited hearing date. However, if the original or extended
 1465  observation period ends on a weekend or holiday, the provider
 1466  may hold the respondent until the next court working day.
 1467         2.Upon the completion of his or her report, the qualified
 1468  professional, in accordance with applicable confidentiality
 1469  requirements, shall provide copies to the court and all relevant
 1470  parties and counsel. This report must contain a recommendation
 1471  on the level, if any, of substance abuse and, if applicable, co
 1472  occurring mental health treatment the respondent requires. The
 1473  qualified professional’s failure to include a treatment
 1474  recommendation, much like a recommendation of no treatment,
 1475  shall result in the petition’s dismissal.
 1476         (d)The court may order a law enforcement officer or other
 1477  designated agent of the court to take the respondent into
 1478  custody and transport him or her to or from the treating or
 1479  assessing service provider and the court for his or her hearing.
 1480         (2) The petitioner has the burden of proving by clear and
 1481  convincing evidence that:
 1482         (a) The respondent is substance abuse impaired, has lost
 1483  the power of self-control with respect to substance abuse, or
 1484  and has a history of lack of compliance with treatment for
 1485  substance abuse with continued substance use; and
 1486         (b) Because of such impairment, the respondent is unlikely
 1487  to voluntarily participate in the recommended services after
 1488  sufficient and conscientious explanation and disclosure of their
 1489  purpose, or is unable to determine for himself or herself
 1490  whether services are necessary and make a rational decision in
 1491  that regard; and:
 1492         (c)1. Without services, the respondent is likely to suffer
 1493  from neglect or refuse to care for himself or herself; that such
 1494  neglect or refusal poses a real and present threat of
 1495  substantial harm to his or her well-being; and that it is not
 1496  apparent that such harm may be avoided through the help of
 1497  willing, able, and responsible family members or friends or the
 1498  provision of other services; or
 1499         2. There is a substantial likelihood that in the near
 1500  future and without services, the respondent will inflict serious
 1501  harm to self or others, as evidenced by acts, omissions, or
 1502  behavior causing, attempting, or threatening such harm, which
 1503  includes, but is not limited to, significant property damage
 1504  cause serious bodily harm to himself, herself, or another in the
 1505  near future, as evidenced by recent behavior; or
 1506         2.The respondent’s refusal to voluntarily receive care is
 1507  based on judgment so impaired by reason of substance abuse that
 1508  the respondent is incapable of appreciating his or her need for
 1509  care and of making a rational decision regarding that need for
 1510  care.
 1511         (3) One of the qualified professionals who executed the
 1512  involuntary services certificate must be a witness. The court
 1513  shall allow testimony from individuals, including family
 1514  members, deemed by the court to be relevant under state law,
 1515  regarding the respondent’s prior history and how that prior
 1516  history relates to the person’s current condition. The Testimony
 1517  in the hearing must be taken under oath, and the proceedings
 1518  must be recorded. The respondent patient may refuse to testify
 1519  at the hearing.
 1520         (4)If at any point during the hearing the court has reason
 1521  to believe that the respondent, due to mental illness other than
 1522  or in addition to substance abuse impairment, is likely to
 1523  injure himself or herself or another if allowed to remain at
 1524  liberty, or otherwise meets the involuntary commitment
 1525  provisions of part I of chapter 394, the court may initiate
 1526  involuntary proceedings under such provisions.
 1527         (5)(4) At the conclusion of the hearing, the court shall
 1528  either dismiss the petition or order the respondent to receive
 1529  involuntary treatment services from his or her chosen licensed
 1530  service provider if possible and appropriate. Any treatment
 1531  order must include findings regarding the respondent’s need for
 1532  treatment and the appropriateness of other lesser restrictive
 1533  alternatives.
 1534         Section 35. Section 397.697, Florida Statutes, is amended
 1535  to read:
 1536         397.697 Court determination; effect of court order for
 1537  involuntary treatment services.—
 1538         (1)(a) When the court finds that the conditions for
 1539  involuntary treatment services have been proved by clear and
 1540  convincing evidence, it may order the respondent to receive
 1541  involuntary treatment services from a publicly funded licensed
 1542  service provider for a period not to exceed 90 days. The court
 1543  may also order a respondent to undergo treatment through a
 1544  privately funded licensed service provider if the respondent has
 1545  the ability to pay for the treatment, or if any person on the
 1546  respondent’s behalf voluntarily demonstrates a willingness and
 1547  an ability to pay for the treatment. If the court finds it
 1548  necessary, it may direct the sheriff to take the respondent into
 1549  custody and deliver him or her to the licensed service provider
 1550  specified in the court order, or to the nearest appropriate
 1551  licensed service provider, for involuntary treatment services.
 1552  When the conditions justifying involuntary treatment services no
 1553  longer exist, the individual must be released as provided in s.
 1554  397.6971. When the conditions justifying involuntary treatment
 1555  services are expected to exist after 90 days of treatment
 1556  services, a renewal of the involuntary treatment services order
 1557  may be requested pursuant to s. 397.6975 before the end of the
 1558  90-day period.
 1559         (b)To qualify for involuntary outpatient treatment, an
 1560  individual must be supported by a social worker or case manager
 1561  of a licensed service provider or a willing, able, and
 1562  responsible individual appointed by the court who shall inform
 1563  the court and parties if the respondent fails to comply with his
 1564  or her outpatient program. In addition, unless the respondent
 1565  has been involuntarily ordered into inpatient treatment under
 1566  this chapter at least twice during the last 36 months, or
 1567  demonstrates the ability to substantially comply with the
 1568  outpatient treatment while waiting for residential placement to
 1569  become available, he or she must receive an assessment from a
 1570  qualified professional or licensed physician expressly
 1571  recommending outpatient services, such services must be
 1572  available in the county in which the respondent is located, and
 1573  it must appear likely that the respondent will follow a
 1574  prescribed outpatient care plan.
 1575         (2) In all cases resulting in an order for involuntary
 1576  treatment services, the court shall retain jurisdiction over the
 1577  case and the parties for the entry of such further orders as the
 1578  circumstances may require, including, but not limited to,
 1579  monitoring compliance with treatment, changing the treatment
 1580  modality, or initiating contempt of court proceedings for
 1581  violating any valid order issued pursuant to this chapter.
 1582  Hearings under this section may be set by motion of the parties
 1583  or under the court’s own authority, and the motion and notice of
 1584  hearing for these ancillary proceedings, which include, but are
 1585  not limited to, civil contempt, must be served in accordance
 1586  with relevant court procedural rules. The court’s requirements
 1587  for notification of proposed release must be included in the
 1588  original order.
 1589         (3) An involuntary treatment services order also authorizes
 1590  the licensed service provider to require the individual to
 1591  receive treatment services that will benefit him or her,
 1592  including treatment services at any licensable service component
 1593  of a licensed service provider. While subject to the court’s
 1594  oversight, the service provider’s authority under this section
 1595  is separate and distinct from the court’s broad continuing
 1596  jurisdiction under subsection (2). Such oversight includes, but
 1597  is not limited to, submitting reports regarding the respondent’s
 1598  progress or compliance with treatment as required by the court.
 1599         (4) If the court orders involuntary treatment services, a
 1600  copy of the order must be sent to the managing entity within 1
 1601  working day after it is received from the court. Documents may
 1602  be submitted electronically through though existing data
 1603  systems, if applicable.
 1604         Section 36. Section 397.6971, Florida Statutes, is amended
 1605  to read:
 1606         397.6971 Early release from involuntary treatment
 1607  services.—
 1608         (1) At any time before the end of the 90-day involuntary
 1609  treatment services period, or before the end of any extension
 1610  granted pursuant to s. 397.6975, an individual receiving
 1611  involuntary treatment services may be determined eligible for
 1612  discharge to the most appropriate referral or disposition for
 1613  the individual when any of the following apply:
 1614         (a) The individual no longer meets the criteria for
 1615  involuntary admission and has given his or her informed consent
 1616  to be transferred to voluntary treatment status.
 1617         (b) If the individual was admitted on the grounds of
 1618  likelihood of infliction of physical harm upon himself or
 1619  herself or others, such likelihood no longer exists.
 1620         (c) If the individual was admitted on the grounds of need
 1621  for assessment and stabilization or treatment, accompanied by
 1622  inability to make a determination respecting such need:
 1623         1. Such inability no longer exists; or
 1624         2. It is evident that further treatment will not bring
 1625  about further significant improvements in the individual’s
 1626  condition.
 1627         (d) The individual is no longer needs treatment in need of
 1628  services.
 1629         (e) The director of the service provider determines that
 1630  the individual is beyond the safe management capabilities of the
 1631  provider.
 1632         (2) Whenever a qualified professional determines that an
 1633  individual admitted for involuntary treatment services qualifies
 1634  for early release under subsection (1), the service provider
 1635  shall immediately discharge the individual and must notify all
 1636  persons specified by the court in the original treatment order.
 1637         Section 37. Section 397.6975, Florida Statutes, is amended
 1638  to read:
 1639         397.6975 Extension of involuntary treatment services
 1640  period.—
 1641         (1) Whenever a service provider believes that an individual
 1642  who is nearing the scheduled date of his or her release from
 1643  involuntary care services continues to meet the criteria for
 1644  involuntary treatment services in s. 397.693 or s. 397.6957, a
 1645  petition for renewal of the involuntary treatment services order
 1646  must may be filed with the court at least 10 days before the
 1647  expiration of the court-ordered services period. The petition
 1648  may be filed by the service provider or by the person who filed
 1649  the petition for the initial treatment order if the petition is
 1650  accompanied by supporting documentation from the service
 1651  provider. The court shall immediately schedule a hearing within
 1652  10 court working to be held not more than 15 days after filing
 1653  of the petition and. The court shall provide the copy of the
 1654  petition for renewal and the notice of the hearing to all
 1655  parties and counsel to the proceeding. The hearing is conducted
 1656  pursuant to ss. 397.697 and 397.6957 and must be before the
 1657  circuit court unless referred to a magistrate s. 397.6957.
 1658         (2) If the court finds that the petition for renewal of the
 1659  involuntary treatment services order should be granted, it may
 1660  order the respondent to receive involuntary treatment services
 1661  for a period not to exceed an additional 90 days. When the
 1662  conditions justifying involuntary treatment services no longer
 1663  exist, the individual must be released as provided in s.
 1664  397.6971. When the conditions justifying involuntary treatment
 1665  services continue to exist after an additional 90 days of
 1666  treatment service, a new petition requesting renewal of the
 1667  involuntary treatment services order may be filed pursuant to
 1668  this section.
 1669         (3)Within 1 court working day after the filing of a
 1670  petition for continued involuntary services, the court shall
 1671  appoint the office of criminal conflict and civil regional
 1672  counsel to represent the respondent, unless the respondent is
 1673  otherwise represented by counsel. The clerk of the court shall
 1674  immediately notify the office of criminal conflict and civil
 1675  regional counsel of such appointment. The office of criminal
 1676  conflict and civil regional counsel shall represent the
 1677  respondent until the petition is dismissed or the court order
 1678  expires or the respondent is discharged from involuntary
 1679  services. Any attorney representing the respondent shall have
 1680  access to the respondent, witnesses, and records relevant to the
 1681  presentation of the respondent’s case and shall represent the
 1682  interests of the respondent, regardless of the source of payment
 1683  to the attorney.
 1684         (4)Hearings on petitions for continued involuntary
 1685  services shall be before the circuit court. The court may
 1686  appoint a magistrate to preside at the hearing. The procedures
 1687  for obtaining an order pursuant to this section shall be in
 1688  accordance with s. 397.697.
 1689         (5)Notice of hearing shall be provided to the respondent
 1690  or his or her counsel. The respondent and the respondent’s
 1691  counsel may agree to a period of continued involuntary services
 1692  without a court hearing.
 1693         (6)The same procedure shall be repeated before the
 1694  expiration of each additional period of involuntary services.
 1695         (7)If the respondent has previously been found incompetent
 1696  to consent to treatment, the court shall consider testimony and
 1697  evidence regarding the respondent’s competence.
 1698         Section 38. Section 397.6977, Florida Statutes, is amended
 1699  to read:
 1700         397.6977 Disposition of individual upon completion of
 1701  involuntary treatment services.—At the conclusion of the 90-day
 1702  period of court-ordered involuntary treatment services, the
 1703  respondent is automatically discharged unless a motion for
 1704  renewal of the involuntary treatment services order has been
 1705  filed with the court pursuant to s. 397.6975.
 1706         Section 39. Section 397.6978, Florida Statutes, is
 1707  repealed.
 1708         Section 40. Paragraph (b) of subsection (1) of section
 1709  409.972, Florida Statutes, is amended to read:
 1710         409.972 Mandatory and voluntary enrollment.—
 1711         (1) The following Medicaid-eligible persons are exempt from
 1712  mandatory managed care enrollment required by s. 409.965, and
 1713  may voluntarily choose to participate in the managed medical
 1714  assistance program:
 1715         (b) Medicaid recipients residing in residential commitment
 1716  facilities operated through the Department of Juvenile Justice
 1717  or a treatment facility as defined in s. 394.455 s. 394.455(47).
 1718         Section 41. Paragraph (e) of subsection (4) of section
 1719  464.012, Florida Statutes, is amended to read:
 1720         464.012 Licensure of advanced practice registered nurses;
 1721  fees; controlled substance prescribing.—
 1722         (4) In addition to the general functions specified in
 1723  subsection (3), an advanced practice registered nurse may
 1724  perform the following acts within his or her specialty:
 1725         (e) A psychiatric nurse, who meets the requirements in s.
 1726  394.455(36) s. 394.455(35), within the framework of an
 1727  established protocol with a psychiatrist, may prescribe
 1728  psychotropic controlled substances for the treatment of mental
 1729  disorders.
 1730         Section 42. Subsection (7) of section 744.2007, Florida
 1731  Statutes, is amended to read:
 1732         744.2007 Powers and duties.—
 1733         (7) A public guardian may not commit a ward to a treatment
 1734  facility, as defined in s. 394.455 s. 394.455(47), without an
 1735  involuntary placement proceeding as provided by law.
 1736         Section 43. Paragraph (a) of subsection (2) of section
 1737  790.065, Florida Statutes, is amended to read:
 1738         790.065 Sale and delivery of firearms.—
 1739         (2) Upon receipt of a request for a criminal history record
 1740  check, the Department of Law Enforcement shall, during the
 1741  licensee’s call or by return call, forthwith:
 1742         (a) Review any records available to determine if the
 1743  potential buyer or transferee:
 1744         1. Has been convicted of a felony and is prohibited from
 1745  receipt or possession of a firearm pursuant to s. 790.23;
 1746         2. Has been convicted of a misdemeanor crime of domestic
 1747  violence, and therefore is prohibited from purchasing a firearm;
 1748         3. Has had adjudication of guilt withheld or imposition of
 1749  sentence suspended on any felony or misdemeanor crime of
 1750  domestic violence unless 3 years have elapsed since probation or
 1751  any other conditions set by the court have been fulfilled or
 1752  expunction has occurred; or
 1753         4. Has been adjudicated mentally defective or has been
 1754  committed to a mental institution by a court or as provided in
 1755  sub-sub-subparagraph b.(II), and as a result is prohibited by
 1756  state or federal law from purchasing a firearm.
 1757         a. As used in this subparagraph, “adjudicated mentally
 1758  defective” means a determination by a court that a person, as a
 1759  result of marked subnormal intelligence, or mental illness,
 1760  incompetency, condition, or disease, is a danger to himself or
 1761  herself or to others or lacks the mental capacity to contract or
 1762  manage his or her own affairs. The phrase includes a judicial
 1763  finding of incapacity under s. 744.331(6)(a), an acquittal by
 1764  reason of insanity of a person charged with a criminal offense,
 1765  and a judicial finding that a criminal defendant is not
 1766  competent to stand trial.
 1767         b. As used in this subparagraph, “committed to a mental
 1768  institution” means:
 1769         (I) Involuntary commitment, commitment for mental
 1770  defectiveness or mental illness, and commitment for substance
 1771  abuse. The phrase includes involuntary inpatient placement under
 1772  as defined in s. 394.467, involuntary outpatient placement as
 1773  defined in s. 394.4655, involuntary assessment and stabilization
 1774  under s. 397.6818, and involuntary substance abuse treatment
 1775  under s. 397.6957, but does not include a person in a mental
 1776  institution for observation or discharged from a mental
 1777  institution based upon the initial review by the physician or a
 1778  voluntary admission to a mental institution; or
 1779         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
 1780  admission to a mental institution for outpatient or inpatient
 1781  treatment of a person who had an involuntary examination under
 1782  s. 394.463, where each of the following conditions have been
 1783  met:
 1784         (A) An examining physician found that the person is an
 1785  imminent danger to himself or herself or others.
 1786         (B) The examining physician certified that if the person
 1787  did not agree to voluntary treatment, a petition for involuntary
 1788  outpatient or inpatient treatment would have been filed under s.
 1789  394.463(2)(g)4., or the examining physician certified that a
 1790  petition was filed and the person subsequently agreed to
 1791  voluntary treatment prior to a court hearing on the petition.
 1792         (C) Before agreeing to voluntary treatment, the person
 1793  received written notice of that finding and certification, and
 1794  written notice that as a result of such finding, he or she may
 1795  be prohibited from purchasing a firearm, and may not be eligible
 1796  to apply for or retain a concealed weapon or firearms license
 1797  under s. 790.06 and the person acknowledged such notice in
 1798  writing, in substantially the following form:
 1799  
 1800  “I understand that the doctor who examined me believes I am a
 1801  danger to myself or to others. I understand that if I do not
 1802  agree to voluntary treatment, a petition will be filed in court
 1803  to require me to receive involuntary treatment. I understand
 1804  that if that petition is filed, I have the right to contest it.
 1805  In the event a petition has been filed, I understand that I can
 1806  subsequently agree to voluntary treatment prior to a court
 1807  hearing. I understand that by agreeing to voluntary treatment in
 1808  either of these situations, I may be prohibited from buying
 1809  firearms and from applying for or retaining a concealed weapons
 1810  or firearms license until I apply for and receive relief from
 1811  that restriction under Florida law.”
 1812  
 1813         (D) A judge or a magistrate has, pursuant to sub-sub
 1814  subparagraph c.(II), reviewed the record of the finding,
 1815  certification, notice, and written acknowledgment classifying
 1816  the person as an imminent danger to himself or herself or
 1817  others, and ordered that such record be submitted to the
 1818  department.
 1819         c. In order to check for these conditions, the department
 1820  shall compile and maintain an automated database of persons who
 1821  are prohibited from purchasing a firearm based on court records
 1822  of adjudications of mental defectiveness or commitments to
 1823  mental institutions.
 1824         (I) Except as provided in sub-sub-subparagraph (II), clerks
 1825  of court shall submit these records to the department within 1
 1826  month after the rendition of the adjudication or commitment.
 1827  Reports shall be submitted in an automated format. The reports
 1828  must, at a minimum, include the name, along with any known alias
 1829  or former name, the sex, and the date of birth of the subject.
 1830         (II) For persons committed to a mental institution pursuant
 1831  to sub-sub-subparagraph b.(II), within 24 hours after the
 1832  person’s agreement to voluntary admission, a record of the
 1833  finding, certification, notice, and written acknowledgment must
 1834  be filed by the administrator of the receiving or treatment
 1835  facility, as defined in s. 394.455, with the clerk of the court
 1836  for the county in which the involuntary examination under s.
 1837  394.463 occurred. No fee shall be charged for the filing under
 1838  this sub-sub-subparagraph. The clerk must present the records to
 1839  a judge or magistrate within 24 hours after receipt of the
 1840  records. A judge or magistrate is required and has the lawful
 1841  authority to review the records ex parte and, if the judge or
 1842  magistrate determines that the record supports the classifying
 1843  of the person as an imminent danger to himself or herself or
 1844  others, to order that the record be submitted to the department.
 1845  If a judge or magistrate orders the submittal of the record to
 1846  the department, the record must be submitted to the department
 1847  within 24 hours.
 1848         d. A person who has been adjudicated mentally defective or
 1849  committed to a mental institution, as those terms are defined in
 1850  this paragraph, may petition the court that made the
 1851  adjudication or commitment, or the court that ordered that the
 1852  record be submitted to the department pursuant to sub-sub
 1853  subparagraph c.(II), for relief from the firearm disabilities
 1854  imposed by such adjudication or commitment. A copy of the
 1855  petition shall be served on the state attorney for the county in
 1856  which the person was adjudicated or committed. The state
 1857  attorney may object to and present evidence relevant to the
 1858  relief sought by the petition. The hearing on the petition may
 1859  be open or closed as the petitioner may choose. The petitioner
 1860  may present evidence and subpoena witnesses to appear at the
 1861  hearing on the petition. The petitioner may confront and cross
 1862  examine witnesses called by the state attorney. A record of the
 1863  hearing shall be made by a certified court reporter or by court
 1864  approved electronic means. The court shall make written findings
 1865  of fact and conclusions of law on the issues before it and issue
 1866  a final order. The court shall grant the relief requested in the
 1867  petition if the court finds, based on the evidence presented
 1868  with respect to the petitioner’s reputation, the petitioner’s
 1869  mental health record and, if applicable, criminal history
 1870  record, the circumstances surrounding the firearm disability,
 1871  and any other evidence in the record, that the petitioner will
 1872  not be likely to act in a manner that is dangerous to public
 1873  safety and that granting the relief would not be contrary to the
 1874  public interest. If the final order denies relief, the
 1875  petitioner may not petition again for relief from firearm
 1876  disabilities until 1 year after the date of the final order. The
 1877  petitioner may seek judicial review of a final order denying
 1878  relief in the district court of appeal having jurisdiction over
 1879  the court that issued the order. The review shall be conducted
 1880  de novo. Relief from a firearm disability granted under this
 1881  sub-subparagraph has no effect on the loss of civil rights,
 1882  including firearm rights, for any reason other than the
 1883  particular adjudication of mental defectiveness or commitment to
 1884  a mental institution from which relief is granted.
 1885         e. Upon receipt of proper notice of relief from firearm
 1886  disabilities granted under sub-subparagraph d., the department
 1887  shall delete any mental health record of the person granted
 1888  relief from the automated database of persons who are prohibited
 1889  from purchasing a firearm based on court records of
 1890  adjudications of mental defectiveness or commitments to mental
 1891  institutions.
 1892         f. The department is authorized to disclose data collected
 1893  pursuant to this subparagraph to agencies of the Federal
 1894  Government and other states for use exclusively in determining
 1895  the lawfulness of a firearm sale or transfer. The department is
 1896  also authorized to disclose this data to the Department of
 1897  Agriculture and Consumer Services for purposes of determining
 1898  eligibility for issuance of a concealed weapons or concealed
 1899  firearms license and for determining whether a basis exists for
 1900  revoking or suspending a previously issued license pursuant to
 1901  s. 790.06(10). When a potential buyer or transferee appeals a
 1902  nonapproval based on these records, the clerks of court and
 1903  mental institutions shall, upon request by the department,
 1904  provide information to help determine whether the potential
 1905  buyer or transferee is the same person as the subject of the
 1906  record. Photographs and any other data that could confirm or
 1907  negate identity must be made available to the department for
 1908  such purposes, notwithstanding any other provision of state law
 1909  to the contrary. Any such information that is made confidential
 1910  or exempt from disclosure by law shall retain such confidential
 1911  or exempt status when transferred to the department.
 1912         Section 44. This act shall take effect July 1, 2020.

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